Judicial Commission of Victoria Act 2016
70Witness summons
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70 Witness summons
(1) An investigating panel may issue the following witness summonses to a person—
(a) a summons to attend to give evidence at a hearing at a specified time and place on a specified date;
(b) a summons to attend at a specified time and place on a specified date to produce documents (other than a medical report unless the medical report is prepared in accordance with Division 3 of Part 6) or other things to the investigating panel;
(c) a summons to attend a hearing at a specified time and place on a specified date to give evidence and produce documents (other than a medical report unless the medical report is prepared in accordance with Division 3 of Part 6) or other things.
(2) An investigating panel may, under subsection (1) issue a witness summons directed to a person if satisfied that is reasonable to do so, having regard to—
(a) the evidentiary value of the information, document or thing sought to be obtained from the person; and
(b) the age of the person and any mental impairment to which the person is known or believed to be subject.
(3) An investigating panel must not issue a witness summons to a person who is under the age of 18 years unless the investigating panel considers on reasonable grounds that—
(a) the information, document or thing that the person could provide may be compelling and probative; and
(b) it is not practicable to obtain the information, document or thing by any other means.
(4) If a person is issued with a witness summons referred to in subsection (1)(b), an investigating panel may excuse that person from attendance if the person produces the required documents or things to the investigating panel before the time and date for production specified in the witness summons in accordance with any directions given by the investigating panel.